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R-CALF USA asks "where's the science?"

In reviewing the United States Department of Agriculture's (USDA's) Final Rule to re-introduce Canadian cattle and beef into the U.S., R-CALF USA uncovered a science-policy paradox.

"Under USDA's Final Rule, U.S. beef going to Canada will be subject to greater restrictions than Canadian beef coming to the United States," said R-CALF USA CEO Bill Bullard. "This, despite the fact that all of the cases of BSE in North America have been in cattle born and raised in Canada."

USDA's Final Rule will allow the importation of Canadian beef and beef products from cattle of all ages into the U.S. beginning March 7, 2005. However, according to current Canadian restrictions on U.S. beef described in the "Update to Import Restrictions--United States," found on the website of the Canadian Food Inspection Agency (CFIA), U.S. beef is only allowed in Canada if it is from cattle "younger than 30 months of age."

"This is an asymmetry that is not explained by science, so we will ask USDA to explain it in Court," said Bullard.

In its proposed rule issued in November 2003, USDA planned to prohibit the importation of Canadian beef from Canadian cattle over 30 months of age. However, after bovine spongiform encephalopathy (BSE) was discovered in a second Canadian cow in December 2003 (located in Washington state), USDA stated: "We now believe it would not be necessary to require that beef imported from BSE minimal-risk regions be derived only from cattle less than 30 months of ageƉ"

Why finding more BSE in Canada would be followed by relaxation of the standards for designating Canada as a "minimal risk" BSE country remains a mystery.

In the agency's Final Rule published on Jan. 4, 2005, USDA permanently lifted the restriction on Canadian beef from cattle over 30 months of age, effectively allowing the most risky beef into the U.S. food supply. Yet, Canada is unwilling to let U.S. beef from cattle over 30 months of age into the Canadian food supply, even though all cases of BSE found to date have been in cattle of Canadian origin. Again, the asymmetry is striking.

"Where's the science behind the policy decisions?"

That is the question R-CALF USA has continually asked USDA in 350 pages of public comments submitted during the past year. R-CALF USA notes that, ironically, the United States meets the World Organization for Animal Health (OIE) standards for a country provisionally free of BSE, while Canada does not.

"The U.S. has been testing for BSE since 1990, and under its Enhanced BSE Surveillance Program has tested about 200,000 cattle in the U.S. since June 2004, without detecting a single case of BSE in the native U.S. cattle herd," noted Bullard.

"By contrast, Canada has BSE-tested only about 32,000 cattle since January 2003, and there already have been four positive BSE cases detected in Canadian cattle," said Bullard. "Canada has not met the OIE definition of a minimal BSE risk country since its first native-born case was detected in May 2003, and conditions are only getting worse."

Bullard explained that the most recent Canadian BSE case, discovered in Canada on Jan. 11, 2005 (the day after R-CALF USA filed its lawsuit in U.S. District Court challenging USDA's Final Rule), is particularly troubling. It demonstrates a real risk of importing meat from a BSE-infected cow under USDA's Final Rule.

This most recent Canadian cow reportedly was not exhibiting outward signs of BSE before being tested for BSE. News reports indicate the cow had injured herself in a fall and was euthanized by an attending veterinarian. The cow then was tested for BSE under Canada's Enhanced Surveillance Program because that program includes dead cattle.

"The problem, however, is that Canada is not following the guidelines of the OIE, under which countries where BSE is known to exist should test apparently normal cattle entering the food chain," said Bullard. "Every other country in the world with a BSE problem is actively testing normal cattle at slaughter, the type of testing program that's considered active rather than passive. Canada's program is passive, no question."

Bullard said this latest BSE-infected cow could have hypothetically entered the Canadian food chain before she injured herself and she would not have been targeted for BSE testing under Canada's present testing program.

"This is disconcerting because experts agree that that BSE can be detected in infected cattle at least three months before the animal exhibits outward signs of the disease," he pointed out. "Under USDA's Final Rule, the meat and other parts of this cow could be exported to the United States."

"USDA's Final Rule is riddled with unsupported assumptions, contradictory science, and bad judgment that threatens U.S. citizens with BSE imported from Canada, and R-CALF maintains the Final Rule should be overturned by Congress before this organization has to fight the agency in court," Bullard concluded. "The Final Rule represents an unacceptable and unquantified risk to both consumers and the U.S. cattle industry, based on optimistic assumptions and assurances that have been overtaken by real-world events."

Date: 1/24/05


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